Mamakating Town City Zoning Code
ARTICLE VIII
Environmental and District Controls
§ 199-35 Environmental constraints.
This section shall apply to the calculation of minimum lot size, development coverage and residential density. For purposes of calculating development yield, the following areas shall be subtracted from the gross acreage of a parcel to establish the minimum lot area and maximum permissible development coverage in the case of nonresidential projects requiring site plan approval, or development yield and permissible density in the case of residential subdivisions or site plans:
A.
Utility rights-of-way and designated streets. Fifty percent of any land within easements or rights-of-way for overhead utilities of 69 kilovolts or greater, or within a designated street line, shall not be counted as part of any minimum lot area requirement. No building, structure, yard or land proposed for prolonged habitual human occupancy shall be located within a utility easement; however, a road may traverse the easement.
B.
Land under water (applicable prior to development). One hundred percent of that portion of a lot subject to the following shall not be counted as part of any minimum lot area requirement: ponds: freshwater wetlands regulated by the Army Corps of Engineers; streams; and that portion of any freshwater wetland and any 100-foot control area designated by the New York State Department of Environmental Conservation. No construction shall be permitted within the limits of the freshwater wetland or stream without appropriate federal or state permits.
C.
Floodplains. Fifty percent of any land contained within the 100-year floodplain as designated on Federal Emergency Management Agency maps shall not be counted as part of any minimum lot area requirement. No construction shall be permitted within the 100-year floodplain.
D.
Steep slopes (applicable prior to development).
(1)
Not more than 50% of the land area of that portion of each lot that is proposed to be disturbed may be counted as part of any lot area if subject to the following:
(a)
For residentially zoned properties, slopes over 25%.
(b)
For nonresidentially zoned properties, slopes over 15%.
(2)
No construction shall be permitted on that portion of a lot with a slope in excess of 20% except for roads and driveways and supporting infrastructure as necessary to access flatter areas of the lot.
(3)
No portion of the land area of that portion of a lot with a slope in excess of 50% may be counted as part of the minimum lot area of a parcel.
E.
Rock outcrops (applicable prior to development). Not more than 50% of the area of that portion of a lot that is proposed to be disturbed with rock outcrops in excess of 50 square feet may be counted as part of the lot area of a parcel.
§ 199-36 MG District average density provisions.
A.
Purpose. The MG Zone encompasses areas that contain lands that are constrained due to shallow depth to bedrock, seasonally perched water table, and steep topography. For purposes of establishing residential development yield that is consistent with the environmental characteristics of the land, an applicant has the option of selecting two alternatives for calculating development yield, after which average density subdivision is required, except for subdivisions of less than four lots where each proposed lot has access to an existing public road.
B.
Density calculation - minimum lot size alternative. The applicant may choose to establish development yield for residential subdivisions utilizing the minimum lot size (10 acres) and bulk requirements for the MG District. The environmental constraints outlined in § 199-35 above shall first be subtracted from the gross acreage to establish net residential development yield. The applicant shall then map a conceptual standard subdivision that meets the minimum bulk requirements for single-family dwellings in the MG Zone.
C.
Density calculation - soil designation alternative. An applicant may choose to establish the maximum residential development yield by utilizing the soil data contained in the Soil Survey of Sullivan County, New York. For purposes of calculating development yield for single-family detached residential subdivisions, § 199-35, Environmental constraints, shall not apply. The letters listed below refer to the slope designations contained in the soil mapping units that are enumerated in the Soil Survey of Sullivan County, New York. The applicant shall calculate the number of acres contained within each slope category. The acreage of each slope category shall be multiplied by the appropriate residential density to determine the total number of units permissible. To establish the development yield for a particular site, the following density provisions shall apply:
Slope Designation | Maximum Density |
|---|---|
A (0% to 3%) | 1 unit per 3 acres |
B (3% to 8%) | 1 unit per 6 acres |
C (8% to 15%) | 1 unit per 9 acres |
D (15% to 25%) | 1 unit per 15 acres |
E (25% to 35%) | 1 unit per 30 acres |
F (35% to 50%) | 1 unit per 45 acres |
Hydric soils | 1 unit per 15 acres |
D.
After determining the residential density of the parcel, the applicant shall utilize the average density provisions (§ 199-38) to cluster residential units on soils with slope designations of A, B or C (0% to 15%) and on the portions of the lot closest to existing public roads. The minimum bulk requirements for the clustered residential lots shall be the same as for single-family detached residences in the Neighborhood Residential (NR) Zoning District (for residences with neither Town-endorsed sewer nor Town-endorsed water systems). The maximum residential yield and the final configuration and size of each building lot shall be established based on the applicant demonstrating that individual well and septic systems, adequate access, and other specifications of this chapter, the Town Subdivision Regulations, and all other applicable laws and regulations shall be met.
E.
Other uses in the MG Zones. All other uses allowed in the MG or RVP Zoning Districts shall be required to establish minimum lot area and development yield by applying the requirements contained in § 199-35, Environmental constraints, to the lot area requirement listed in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Restrictions to be added to subdivision plat. Any lot created by process of these provisions shall be considered to have the minimum lot area and maximum residential density permissible within the MG and RVP Zoning Districts. A note shall be added to the subdivision plat indicating that the lots created represent the maximum number of lots permitted in accordance with the MG regulations. The maximum number of lots permissible and the calculation of residential density yield shall also be included as a map note.
G.
Covenants and easements required. A covenant shall be filed with the deed of any lot created by process of these provisions requiring that there be no further subdivision of the lot without the authorization of the Town Board, upon a finding that the resubdivision of the lot is not contrary to the policies of the Comprehensive Plan of the Town of Mamakating. Additionally, conservation easements in favor of the Town of Mamakating or a reputable land trust acceptable to the Town Board upon advice of its legal counsel shall be required over any open space land created by the average density subdivision.
H.
Small subdivisions exempt. Subdivisions of less than four total lots each having direct, individual access to a public road, and where no new road is proposed, may be subdivided subject to standard subdivision process, based upon the lot area and bulk requirements listed in Schedule I,[2] after application of the requirements of § 199-35, Environmental constraints.
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 199-37 Stream buffers.
A.
Purpose. Stream and riparian areas, the habitat bordering streams, are critical for water quality protection, erosion control, and as a living environment for many species of birds and wildlife. When properly designed, these areas can also serve as linear parks for hiking, nature viewing and other low-impact recreational activities. One of the most important methods of protecting stream quality is to limit disturbance within close proximity to a stream and its riparian area. For purposes of these regulations, the following shall apply:
(1)
No building, structure, keeping of livestock or impervious surfaces shall be situated, nor clear-cutting of natural vegetation be permitted, within 150 feet of a streambank of a stream with a water quality designation of A or B or any trout spawning (TS) or trout production (T) waters.
(2)
No building, structure, keeping of livestock or impervious surfaces shall be situated, nor clear-cutting of natural vegetation be permitted, within 75 feet of a streambank of a stream with a water quality designation of C or D.
B.
Disturbance of the stream buffer shall require a disturbance permit from the Planning Board. In considering the need for said disturbance, the Planning Board shall consider:
(1)
Reasonable alternative locations for said structures or buildings.
(2)
The necessity of any clear-cutting activities, e.g., no other location for a septic system or well.
C.
The Planning Board shall establish such conditions as may be necessary to minimize disturbance to the stream buffer, including a delineation of the area to be disturbed prior to work being conducted.
§ 199-38 Average density (cluster development).
A.
Approval of plats; conditions for changes in zoning provisions. The Mamakating Town Board, pursuant to § 278 of the Town Law, hereby empowers the Planning Board, simultaneously with the approval of a plat, to modify applicable provisions of this chapter, subject to the conditions hereinafter set forth and such other reasonable conditions as the Town Board may, in its discretion, add thereto. The purpose of this authorization is to enable and encourage flexibility of design and development of land in such a manner as to promote the most-appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands.
B.
The conditions hereinabove referred to are as follows:
(1)
The Planning Board may require the submission of an application for the use of this procedure if, in its judgment, the application would benefit the Town and the public interest. If the owner makes written application for the use of this procedure, it may be followed at the discretion of the Planning Board subject to the purposes noted above.
(2)
This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of building lots or dwelling units which shall in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts. In determining development yield, the applicant shall adhere to the provisions of § 199-35 of this chapter.
(3)
In the case of a residential plat or plats, the dwelling units may be single-family detached or single-family attached (townhouse) on individual lots, as determined by the Planning Board.
(4)
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space, or other municipal purposes directly related to the plat, then the Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. Any conditions relating to Town ownership of the lands shall be approved by the Town Board prior to the Planning Board granting final approval to the plat.
(5)
The proposed site plan or plat, including areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, and streets, driveways, and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan, shall be subject to review and public hearing by the Planning Board in the same manner as required for the approval of a subdivision plat and/or site plan.
(6)
On the filing of the plat in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map.
(7)
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in this chapter.
(8)
The authorization herein shall apply to all lands within the Town of Mamakating.
§ 199-39 Voluntary transfer of density.
A.
Purpose. The purpose of this section is to allow applicants, upon approval by the Town Board, to transfer the development rights permitted to a lot, parcel, or other area of land from a designated sending district to an area designated as a receiving district, in order to accomplish the following objectives:
(1)
To protect environmentally sensitive lands by transferring development rights from the sending district;
(2)
To protect scenic viewsheds by transferring development rights from the sending district;
(3)
To transfer development rights to an area of the Town of Mamakating planned for growth and by allowing a density which may encourage the provision of Town-endorsed water and Town-endorsed sewage systems; and
(4)
To establish growth boundaries around the Town's two established villages and focus development in Village Adjacent, Hamlet and Neighborhood Residential areas to prevent a sprawling development pattern.
B.
For purposes of this section, the sending districts and receiving districts shall be designated as follows:
(1)
Calculation of density transfer - sending districts. The density to be transferred shall be established by dividing the net lot area of the sending parcel, after deduction of environmental constraints pursuant to § 199-35, by the minimum lot area per unit and multiplying that product by the following factors:
(a)
0.5 - lands located within the MG Zoning District that do not meet the requirements of any other factors listed hereafter;
(b)
1.0 - lands located within 200 feet of a Village Adjacent Zoning District that do not meet the requirements of any other factors listed hereafter;
(c)
1.0 - lands containing at least 25% prime agricultural soils that do not meet the requirements of any other factors listed hereafter;
(d)
2.0 - lands containing at least 25% prime agricultural soils currently being farmed and having been farmed for at least 10 consecutive years;
(e)
2.0 - lands within the RVP Zoning District;
(f)
2.0 - parcels containing significant natural communities as documented in the New York Natural Heritage Program's Biodiversity Databases.
(2)
Receiving districts. Density may be transferred to the VA, IC, HC or NR Zoning Districts subject to the lot area and bulk requirements listed in Schedule I.[1] Nothing herein shall be construed to allow residential density to exceed the capacity of the land to support individual water and individual subsurface wastewater disposal systems, except where Town-endorsed water and Town-endorsed sewer systems are provided.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
C.
Consent of owners. The owner of the property in the sending district shall submit an affidavit consenting to the transfer of density onto the receiving parcel.
D.
Subdivision or site plan approved required. A site plan and/or subdivision plan shall be filed with the Planning Board concurrently with the request to the Town Board to permit the transfer. The subdivision or site plan shall conform to the requirements of the zoning, subdivision and/or site plan regulations. Where the Planning Board determines that the transfer will meet the goals and objectives of this section, it may waive the environmental constraint provisions as apply to the receiving parcel and allow development under any reduced lot area and bulk provisions subject to Town-endorsed utility requirements as applicable.
E.
Conservation easement. The burden upon land within a sending district from which development rights have been transferred shall be documented by an instrument duly executed by the grantor in the form of a conservation easement as defined in Title 3 of Article 49 of the Environmental Conservation Law, which burden upon such land shall be enforceable by the Town of Mamakating in addition to a reputable land trust acceptable to the Town of Mamakating, which enforcement shall not necessarily imbue any responsibility for maintenance on the part of the Town or land trust. Any development right which has been transferred by conservation easement shall be evidenced by a certificate of development right which shall be issued by the Town of Mamakating to the transferee in a form suitable for recording in the Registry of Deeds in the County of Sullivan.
F.
Within one year after a development right has been transferred, the assessed valuation placed on the affected property for real property tax purposes shall be adjusted to reflect the transfer. A development right which is transferred shall be deemed to be an interest in real property, and the rights evidenced thereby shall inure to the benefit of the transferee, and his heirs, successors and assigns.
G.
Development rights bank. The Town may establish, through the transfer of development rights of Town-owned lands not designated as parkland, a supply of development credits pursuant to these provisions for direct sale to interested purchasers. The Town may purchase land for the purpose of creating development credits or accept lands through donation or bequeathment for such purpose. The price for sale of these credits shall be established based on the per-credit acquisition cost (including any administrative costs) or 75% of the land cost for a single-family building lot in the receiving district, whichever is greater. The proceeds from sale of such credit shall be deposited into a special separate municipal account to be applied against expenditures necessitated by the municipal development rights program, including cost of additional future acquisitions of development rights.
§ 199-40 Nonresidential use screening.
Any use which is in, abuts, is adjacent to or is less than 50 feet from any residential district, and which is not conducted within a completely enclosed building, such as junkyards, storage yards, lumber and building materials yards and parking lots and like uses, shall be entirely enclosed by a fence or landscaping sufficient to effectively shield such uses.
§ 199-41 Shade trees.
Any application requiring site development or subdivision approval shall be subject to these provisions. A minimum of one shade tree per each 40 feet of road frontage shall be planted on any lot within the BR, NR, HC, IO, LIO, and IC Zoning Districts. Shade trees shall be a minimum caliper of 2 1/2 inches [diameter at breast height (dbh)]. The Planning Board may waive the requirements of this section, provided that it may be demonstrated that the development application will result in the retention of existing mature tree stands within the front yard of the lot, and further provided that a restriction shall be duly noted and placed on the site or subdivision plan prohibiting the removal of said existing vegetation.
§ 199-42 Shawangunk Ridge view protection area.
A.
Purpose. To promote the health, safety and general welfare of the residents of the Town, the Town finds that:
(1)
The natural, open character of Shawangunk Ridge is a critical feature of the unique heritage of the Town whose preservation enriches and benefits both residents and visitors;
(2)
It is desirable to protect panoramic views of the ridge as well as sensitive natural habitats on Shawangunk Ridge;
(3)
The ridge is the source for a major portion of the Town's water resources;
(4)
Recreational opportunities are to be protected, including support of local and regional trail systems; and
(5)
Preservation of these features while providing for appropriate development can only be achieved by encouraging flexibility in the design of land use and development projects.
B.
Application of regulations. Except as provided herein, no land shall be developed and no building or structure erected, expanded or developed unless in conformity with these regulations. Any lot fully or partially within the Ridge Overlay District as mapped by the Town of Mamakating will be subject to these regulations. Where these regulations conflict with existing regulations, these regulations shall supersede.
C.
Nonconforming lots. Where new uses of preexisting, nonconforming lots require only a building permit, these regulations shall be applied to the maximum extent possible in meeting the purposes of this section.
D.
Approval conditions. Any condition of approval necessary to meet these regulations shall be clearly noted on the final plat or plan and filed with the County Clerk. Where appropriate, conditions shall also be noted on a filed deed.
E.
Design regulations. To meet the purpose of the Ridge Overlay District, the following regulations shall apply:
(1)
Building sites. Building sites shall be clearly noted on any plat or plan. All structures shall be sited away from ridgetops and ridgelines. Whenever possible, structures shall be sited at lower elevations and close to existing roads.
(2)
Structure design. Structures shall blend in with natural surroundings through preferred use of stone or natural wood siding and use of roofing materials with earthtone colors.
(3)
Lighting. Exterior lighting shall be controlled in both height and intensity. Screening or shielding of luminaries may be required.
(4)
Structure screening. As a condition of approval, an applicant may be required to preserve existing vegetation or provide new plantings of native vegetation to screen structures. Additionally, a conservation easement pursuant to § 247 of the General Municipal Law and §§ 49-0301 through 49-0311 of the New York Environmental Conservation Law shall be the preferred means to protect or buffer views.
(5)
Existing vegetation. Existing vegetation shall be preserved to the maximum extent possible. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site in order to maintain native vegetation as an effective screen for structures that may be visible from public roads or parks and other public views.
(6)
Tree cutting. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) except for harvests of less than 15 cords or less than 10,000 board feet on any one parcel shall take place except in accordance with an approved building permit, site plan, subdivision or timber harvesting plan. Cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
(7)
Trail access and setback. The Town, consistent with §§ 277 and 281(d) of the New York Town Law, shall seek trail corridor access and setback of development away from trails where documentation exists that the subject parcel includes an existing or potential public trail, such as the Long Path.
(8)
Underground utilities. All electric, telephone, television and other communication lines, both main and service connections, servicing new developments shall be provided by underground wiring within easements of dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.
(9)
Recreation open space. As a condition of approval, the Town may require up to 20% of any parcel within the Overlay District for parkland, recreation and open space purposes, so long as this condition does not reduce the number of units allowable under applicable zoning. Such land shall be dedicated pursuant to Subsection F of this section.
(10)
Telecommunication towers. Throughout the Shawangunk Ridge Overlay District, WTS facilities shall be discouraged. In all cases, the Town shall encourage site plans having the least visual impact on the environment, shared use of towers rather than new construction, reduced tower height to limit the need for external lighting, and stealth design.
F.
Dedication of open space. Any land dedicated for open space purposes shall be used only for park, recreation, conservation or selective timbering and agricultural purposes. Such land shall be encumbered by appropriate covenants or conservation easements approved by the Planning Board ensuring that the open space cannot be further subdivided; the use of the open space will continue in perpetuity for the stated purpose; and appropriate provisions will be made for maintenance.
(1)
The ownership of land dedicated for park, recreation or open space use shall be determined by the property owner or applicant subject to approval by the Planning Board. The person or entity having the right of ownership shall be responsible for its proper maintenance and continued upkeep. Ownership shall be with one of the following:
(a)
The Town;
(b)
Another public jurisdiction or agency, subject to its acceptance;
(c)
A private nonprofit organization incorporated with a purpose consistent with the use and management requirements of the dedicated land;
(d)
Shared, common interest by all property owners in a subdivision;
(e)
A homeowners', condominium, or cooperative association or organization; or
(f)
Private ownership encumbered by a conservation easement pursuant to § 247 of the General Municipal Law or §§ 49-0301 through 49-0311 of the Environmental Conservation Law.
(2)
Any land dedication for purposes of this section shall be recorded in the County Clerk's office. All lands dedicated for the purposes of this section shall be clearly identified on a final plat or plan. Such identification shall note use, ownership, and management as well as liber and page of relevant filings with the County Clerk's office.
§ 199-43 Clear-cutting.
A.
Purpose. The purpose of this section is to ensure that the trees and forests of the Town are protected from unregulated removal and destruction. It is the policy of the Town of Mamakating to limit clear-cutting activities in the Town since they have the effect of increasing the potential for soil erosion and can degrade existing water quality through siltation and sedimentation, create visual scars on the landscape, and reduce forest habitat.
B.
Approval required. No building permit shall be issued for any activity which proposes to clear-cut an area in excess of one acre unless in connection with a site plan or subdivision plan approved by the Planning Board, or in connection with a timber harvesting license issued by the Planning Board in accordance with Chapter 181, Timber Harvest Control, of the Code of the Town of Mamakating. Any other activity which proposes to clear-cut one acre or more of land shall require site plan approval by the Planning Board. Nothing herein shall be construed to permit clear-cutting where otherwise prohibited in this chapter or elsewhere in the Code of the Town of Mamakating.
C.
Submission required. The proposed clear-cutting of land shall require submission of the following:
(1)
Survey map illustrating the property boundaries and delimiting the area proposed to be clear-cut.
(2)
Location of any trees in excess of eight inches measured four feet from the ground within the clear-cut area.
(3)
The location of any streams within 200 feet of the limits of the clear-cut activity.
(4)
The removal of trees creates the potential for soil erosion and sedimentation impacts since clear-cutting activities are often conducted in association with land disturbance activities, e.g., grading and filling. Mitigation measures shall be documented on the site plan to reduce impacts associated with soil erosion and sedimentation. Best management practices promulgated by the New York State Department of Environmental Conservation shall be followed.
D.
Standards. An application to clear-cut land shall only be approved if it meets the following standards:
(1)
The activity is one that minimizes, to the maximum extent practicable, the need to conduct clear-cutting. Wherever possible, the applicant shall be required to perform selective cutting.
(2)
Clear-cutting shall not be conducted within 10 feet of any rear or side lot line, nor within 25 feet of any front lot line.
(3)
Clear-cutting activities shall be minimized to reduce visual impact to scenic views in the community. In these instances, selective cutting is the preferred alternative.
(4)
Clear-cutting shall avoid removal of large-diameter trees (eight-inch diameter and greater). The Planning Board may require the use of protective measures to ensure that clear-cutting activities do not impact said trees. Mitigation measures may include the temporary installation of fencing along the tree dripline to avoid disturbance or compaction of the tree's roots.
E.
Exceptions. A permit to clear-cut land shall not be required for the following activities, provided they do not exceed the disturbance of one acre or more:
(1)
Minor tree removal activities associated with home landscaping, repairs and maintenance work;
(2)
Individual service connections and construction or installation of public utility lines, septic tank lines, or septic fields;
(3)
Preparation of a site for the construction of a single-family or two-family residence separately built;
(4)
Installation of fence and sign posts or telephone and electric poles and other kinds of posts and poles;
(5)
Highway or public utility construction or maintenance;
(6)
Emergency work to protect life, limb and property.
F.
Inspection required prior to issuance of permit. Upon site plan approval of the Planning Board, and prior to the issuance of a permit to clear-cut, the applicant shall be required to flag the area proposed to be cut and shall provide written notice to the Building Inspector that said area has been delineated. Large-diameter trees to be preserved shall also be flagged. All mitigation measures shall be installed. The Building Inspector shall inspect the premises and shall issue a permit to conduct the clear-cut activity upon a finding that the limits of clear-cut have been delineated in accordance with that area shown on the site plan and that mitigation measures have been implemented.
§ 199-44 Stormwater control.
Any land use application approved pursuant to this Chapter 199 (Zoning) shall conform with the requirements of Chapter 160 (Stormwater Control) of the Code of the Town of Mamakating.
§ 199-44.1 Senior Mobile/Manufactured Housing Zone.
A.
Notwithstanding the provisions of § 131-13 of this Code, there is hereby established a Senior Mobile/Manufactured Housing Zone in the Town of Mamakating. In the entirety of such zone, up to a total of 20 mobile or manufactured houses shall be authorized, subject to:
(1)
Site plan approval where the Planning Board shall consider, among other things, adequate spacing of each mobile/manufactured housing unit;
(2)
Proof adequate to the Planning Board of the Town of Mamakating that water and sewer can be appropriately provided to the residents of such zone and to any residents whose water or sewer capacity may be impacted by the location of such zone;
(3)
An agreement with the Planning Board that the owner of the land where a senior mobile/manufactured housing park is situated shall enforce the terms of this section against its tenants, including any terms of the addendum, and authorization from the mobile/manufactured housing park owner for the Town of Mamakating to enforce the terms at its option;
(4)
The obtaining of any and all necessary permits or licenses;
(5)
The other requirements of this section; and
(6)
Compliance with all other applicable laws except § 131-13.
B.
The adoption of this section is intended to expand upon the affordable housing options available to Mamakating residents by allowing for the creation of one new senior mobile/manufactured housing zone of up to 20 units in a single manufactured or mobile home park, thereby expanding the affordable housing opportunities available for those over the age of 55 in the Town of Mamakating. There shall be no minimum lot size for mobile/manufactured homes sited pursuant to this zone. The intent of this section is to create a housing community consistent with the Housing for Older Persons Act of 1995.
C.
The Senior Mobile/Manufactured Housing Zone shall be a stand-alone mobile home park or a designated area in an existing mobile home park where housing units are contiguous to each other and generally separated from the remainder of the mobile/manufactured housing park in an otherwise undeveloped area which does not have mobile/manufactured housing units located thereon. Each housing unit in each zone shall require at least one occupant per housing unit (defined as a mobile or manufactured home, whether owned by an occupant or otherwise) who is liable for the performance of the terms of a lease of at least one year with the manufactured/mobile home park owner to be over the age of 55, and shall prohibit occupants in such units under the age of 19 years, except as otherwise provided herein. The lease provisions shall be adopted by resolution by the Town Board and may be revised from time to time by the Town Board. In the event the provisions are revised, a public hearing shall be held on the same with notice to the owner of any mobile home park which contains a Senior Mobile/Manufactured Housing Zone. Such provisions shall relate to and effectuate the purposes of this section and shall be filed at all times with the Town Clerk.
D.
Temporary visitors; age restrictions.
(1)
Those who stay overnight in the housing unit for less than 14 consecutive days, whose visits are separated by at least 14 days, shall not be deemed "occupants."
(2)
Those under the age of 19 may stay in the housing unit for not more than 14 consecutive days and not more than a total of 28 days per calendar year.
E.
In the event a mobile/manufactured home located in the Senior Mobile/Manufactured Housing Zone is owned by a person age 55 or older who resides in such home and such person dies or is otherwise hospitalized or requires long-term health care outside of his or her home, the same shall not prohibit the spouse of such person, regardless of the age of such spouse, from continuing to reside in such home or from having his or her lease renewed if he or she is otherwise in compliance with the terms of all applicable laws and otherwise in compliance with the lease and if the owner of the manufactured/mobile home park agrees to renew such lease. Upon the death of all persons of a mobile/manufactured home who were residents of housing in a Senior Mobile/Manufactured Housing Zone and who were signatories to any lease agreement with the owner or operator of the mobile/manufactured housing park in the Senior Mobile/Manufactured Housing Zone, those responsible for administering the estate of such decedent may sell a mobile/manufactured home in the Senior Mobile/Manufactured Housing Zone to the owner of the mobile/manufactured housing park where such mobile/manufactured home is located or to any person(s) who is (are) qualified to otherwise live in such zone. The owner of the mobile/manufactured housing park which has the Senior Mobile/Manufactured Housing Zone in it shall not unreasonably deny a tenancy or lease to a prospective purchaser of a mobile/manufactured home being sold by the estate of a tenant in such zone where such deceased tenant or his or her spouse previously had a lease with the owner of the mobile/manufactured home park. The terms of such lease shall be substantially similar to the terms of all other leases in the Senior Mobile/Manufactured Housing Zone where the tenant owns the mobile/manufactured home and leases lot space from the owner of the manufactured/mobile home park, except nothing shall prohibit the owner of such park from otherwise increasing his or her lot rental by not more than 10% of the highest lot rent otherwise paid for a lot rental in the zone.
F.
Exceptions to age restrictions.
(1)
Notwithstanding the foregoing, individuals under the age of 19 may stay with an occupant for extended periods, not to exceed six months, where the occupant has obtained temporary legal guardianship or custody of said individual(s). The occupant who has obtained such temporary legal guardianship or custody of such individual(s) under the age of 19 shall notify the park owner or its agent of this case, and such park owner or manager shall notify the Town of Mamakating Code Enforcement Officer of this fact and the start date of the occupancy of the individual(s) under the age of 19. Such notice shall be in writing and mailed returned receipt requested or hand-delivered with a receipt therefor acknowledged to the Town of Mamakating Code Enforcement Officer. Said occupants may not invoke the provisions of this subsection more than two times.
(2)
The six-month time period provided for herein may be extended for periods of six months or less, but not more than twice, upon application to the Town of Mamakating Planning Board by the tenant/occupants charged with performing the conditions of the lease and after a public hearing at which the other occupants of the Senior Mobile/Manufactured Housing Zone are given an opportunity to be heard. The notice for said public hearing shall be posted in the office of any mobile/manufactured housing park which has such zone in it and shall be mailed by mail (not return receipt requested) to the addresses of the occupants of the Senior Mobile/Manufactured Housing Zone, which addresses shall be supplied by the park operator to the applicant within five days of such applicant's request for same. Proof of such certified mailing (i.e., an affidavit of service or a receipt from the post office for each mailed notice) shall be filed with or otherwise made to the satisfaction of the Planning Board.
(3)
It is the intent of this Subsection F to recognize that family situations do, from time to time, require young people to live with their grandparents or other relatives or friends over the age of 55 and to provide a reasonable manner of accommodating a temporary occupancy by such individuals where they may have no other practical or safe place to reside. The Planning Board may grant up to two extensions of up to an additional six months per extension upon application to the Board. The Planning Board, in considering an extension, shall consider the effect, if any, on the quiet enjoyment of neighbors, the impact on sewer and water in the community, and the efforts of the occupants over the age of 19 to pursue other, permanent housing for themselves or the individuals under age 19 during the extension being sought. In the event any provision of this subsection is adjudged illegal, unconstitutional, or unenforceable by any court of competent jurisdiction, the entire Subsection F shall be deemed to be stricken.
G.
Language shown on the addendum attached hereto shall be made an addendum to each lease between a mobile/manufactured home park owner who utilizes the senior mobile/manufactured housing designation and any tenant who is responsible for the performance of lease terms who resides in a Senior Mobile/Manufactured Housing Zone. The mobile/manufactured park owner(s) shall provide the Town of Mamakating Code Enforcement Officer with a copy of each signed lease for any mobile/manufactured home in a senior/manufactured mobile housing development within 14 days of such lease being executed by the occupants thereof. The language in the addendum may be amended from time to time by resolution of the Town Board, but such amendment shall not reduce the number of housing units approved under this section. If such language in the addendum is amended, the owner of the mobile/manufactured housing park where senior mobile/manufactured housing exists shall be given notice of the proposed amendment at least 30 days in advance and shall have the authority to challenge the addendum as having improperly diminished the provisions or purposes of any other agreement the owner has entered into, if any, with the Town of Mamakating Town Board, including the settlement of legal claims between the parties.
H.
A mobile/manufactured home park owner who utilizes the senior mobile/manufactured housing designation for the locating or placement of mobile/manufactured homes shall, and upon application to the Planning Board for site plan approval does, give the Town of Mamakating Building Inspector the right to commence a summary proceeding under the Real Property Actions and Proceedings Law, as amended, or any other applicable section of New York State law, for purposes of bringing an eviction proceeding against any occupant, tenant, lessee, or mobile/manufactured home owners in violation of any term of the lease upon direction of the Building Inspector of the Town of Mamakating. Further, such owner agrees himself or herself to enforce the terms of the lease.
I.
This section shall take effect upon filing with the Secretary of State.
